Cary officer justified in fatal shooting of break-in suspect, DA says

CARY, N.C. (WNCN) — The Wake County District Attorney said Friday there will be no criminal prosecution against a Cary police officer who shot and killed a break-in suspect in late May.


Shaquian Tyrone Johnson, 22, was shot four times by Officer Andre Jonathan Lopez as Cary Police investigated a home break-in call on May 28.

Following an investigation, Wake County District Attorney Lorrin Freeman said Lopez “reasonably believed that his and the lives of other officers were endangered when he shot Mr. Johnson.”

Police were called to a home on Firetree Lane around 3 a.m. after a teenager reported hearing someone in a home. As officers arrived, they saw a man, later identified as Johnson, taking items from the home, according to a release by the Wake DA’s office.

Johnson ran from the scene but left a vehicle registered in his name nearby.

RELATED: Police identify victim and officer in Cary officer-involved shooting

Three officers, including Lopez, attempted to find Johnson in the Prestonwood Community. While on Creek Park Drive, they saw a vehicle with its interior lights on. The officers approached the vehicle and saw Johnson leaning into the car, the report says.

Shaquian Tyrone Johnson from a 2016 arrest. (CCBI)

The officers announced their presence to Johnson who then took off running again. As he ran, Lopez said he heard a gunshot and saw a muzzle flash.

Lopez then fired several shots at Johnson, striking him four times – twice in the face, once in his left arm and once in his left side of his back, the report says.

Another officer on scene gave the same account of what occurred when Johnson ran from the vehicle, the report says.

Officers recovered a Rossi revolver chambered in .32 long nearby. That gun is capable of holding six rounds. When officers found the weapon, one spent shell casing was in the cylinder. An investigation determined that weapon had been stolen from a vehicle nearby.

The report says gunshot residue was found on Johnson’s hands. The revolver had two DNA profiles on it – one belonging to the gun’s owner and the other Johnson.


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